CATHLINE AND ANOTHER v. AKUFO-ADDO

This Ghana Court of Appeal case concerns Adeline Akufo-Addo’s suit against the executors of her brother, Oheneba Ofori Panin Ofori Atta (O.P.), seeking to impress a trust over 1,950 shares in Beyeeman Freezing Co. Ltd. and house No. 1203, Kaneshie, Accra, alleging O.P. sold eight tipper trucks bought by her husband, Mr. Justice Edward Akufo-Addo (A.A.), and used the proceeds to fund Okumkom Cold Stores and the house deposit. The High Court accepted her narrative, entered judgment for her, ordered registration of her name for the shares, and declared her absolute owner of the house. On appeal, Lamptey J.A. found the motion to amend was heard in breach of Order 52 rule 5 and was a nullity, and the plaintiff failed to implement amendment steps under Order 28. He further held that documentary evidence—U.A.C. Motors’ letters, Ghana Commercial Bank correspondence, and the lease—contradicted the alleged truck sale and deposit story, the trial judge applied double standards, and the pleadings bound the plaintiff. The Court of Appeal set aside the High Court’s judgment, dismissed Adeline’s action, and affirmed dismissal of the defendants’ counterclaim.